MOWTON v. RABINER


40 A.D.3d 1058 (2007)

836 N.Y.S.2d 687

CHRISTINE MOWTON et al., Appellants, v. HAROLD RABINER et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 29, 2007.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

The plaintiffs commenced this action to recover damages, inter alia, for personal injuries allegedly sustained when, on July 13, 2003, while driving through the intersection of Babylon Turnpike and Sunrise Highway in Merrick, their car was struck by a car driven by the defendant Harold Rabiner, and owned by the defendant Wanda W. Rabiner...

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